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BATCH - Supplemental - 0196 Kirby Road
�or _ BURLINGTON INTERNATIONAL AIRPORT BURLINGTON Wflf(NATIdiAt Ailtkti Nicolas Longo, C.M. Deputy Director of Aviation Burlington International Airport 1200 Airport Drive, Suite 1 South Burlington, VT 05403 April 23, 2018 Ms. Lois Robar 196 Kirby Road South Burlington, VT 05403 Re: Notice of Zoning Violation at 196 Kirby Road Dear Ms. Robar: The Airport received a call from the City of South Burlington's Zoning Administrator, Mr. Ray Belair notifying us of a potential violation of the City of South Burlington's Land Development Regulations with regard to this property. Pursuant to the City of South Burlington's Land Development Regulations Section 3.08(E)(3), garage sales totaling more than eight days per calendar year require a permit, which you may or may not be able to get from the City of South Burlington. Mr. Belair indicated that he believes you are currently in violation of this provision. As our tenant on this property, we ask that you comply with City of South Burlington codes and regulations and cease garage sales unless and until you receive a permit from South Burlington. Any fines that may be assessed as a result of your noncompliance may be your responsibility. Thank you for your prompt attention to this matter. r'.i,itas Longs 802-503-7368 Cc: Ray Belair, Zoning Administrator, City of South Burlington The Burlington International Airport, City of Burlington is an Equal Opportunity Employer No Text May 30, 2012 Wanda Robar P.O. Bpx 5190 Burlington, VT 05402-5190 Re: 196 Kirby Road — Garage/Yard Sales Dear Ms. Robar: Enclosed, please find a copy of a Stipulation and Judgment Order issued by the Vermont Environmental Court on 10/16/06 with regards to a zoning violation at your property located at 196 Kirby Road in 2006. I am sending you a copy of this court order because I have observed that you are close to exceeding the maximum limit of eight (8) days per calendar year of operating a garage/yard sale at your property. If you do exceed the eight (8) day limit, the City will likely file a contempt of court complaint with the Vermont Environmental Court. I look forward to your compliance with the court's order. Should you have any questions, please feel free to contact me. Si l Raymond 1. Belair Administrative Officer 11 Cc: Janice Robar Lois Robar Amanda S.E. Lafferty, Esq.; City Attorney 575 Dorset Street South Burlington, VT 05403 tel 802.$46.4106 fax 802.846.4101 www.sburi.com ITZEL, PAGE & LETCHER, P.C. TORNEYS AT LAW it BATTERY STREET P.O BOX 1507 RLINGTON, VERMONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON,) Plaintiff, ) V. ) PAUL ROBAR, JANICE ROBAR ) and LOIS ROBAR, ) Defendants. ) FILED L 1 6 n VE ."^ONf ENVIRONMENTAL COURT Docket No. 252-11-05 Vtec STIPULATION AND V.R.C.P. 58 JUDGMENT ORDER NOW COME the parties hereto, and stipulate and agree that the Court may declare and order the following: 1. The Defendants shall cease to operate garage/yard sales at the Property in excess of eight (8) days per calendar year. 2. No later than ten (10) days from the date this Stipulation is entered as an order of the Environmental Court, the Defendants shall pay to the City of South Burlington, by certified bank check, Four Thousand Two Hundred Dollars. ($4,200.00). The Defendants shall deliver or mail the check to the South Burlington City Manager, 575 Dorset Street, South Burlington, VT 05403. 3. In the event that Defendants fail to pay to the City the amount in paragraph 2, above, in the time and manner prescribed, the Defendants shall pay to the City, by certified bank check, Twenty Five Dollars ($25.00) for each day that the full amount is not paid by the deadline described in paragraph 2, above. ITZEL, PAGE & LETCHER, P.C. roRNEYS AT Law 1BATTM STREET P.O BOX 1507 UNGTON, VERMONT 05402-1507 SO ORDERED at Berlin, Vermont, this & day of October 2006. Environm ntal Judge hIN DATED at Burlington, Vermont this � day of October 2006. STITZEL, PAGE & FLETCHER, P.C. Attorneys for the CITY OF SOUTH BURLINGTON Will S. Baker, Esq. DATED at Burlington, Vermont this%9 day of October 2006. By: Brian P. Hehir, Esq. DATED at South Burlington, Vermont this �0 day of October 2006. Janice Ro r J DATED at South Burlington, Vermont this/0 day of October 2006. son06-094 robar stip Loi Robar RA V� � rl \� /� ,. � � . � .� \ �� � \ �. : y. x ». � \.� <\ < 2. � ��� \� \2\� � �� K. >� k� ©y « w �« aw./:» � �72: ?z `* y . +�\»« \7 ;�@<d° . »�k\�\ /� � � �� : � �� � \ © /� y. <s . m« : ? .� � � »/ , l y _. 05/30/2012 City of South Burlington Grand List Page 1 of 1 08:45 am Parcel Report ray For Parcel: 0990-00196. ROBAR PAUL L JR & WANDA Name ROBAR PAUL L JR & WANDA P O BOX 5190 BURLINGTON VT 05401-5190 Location 911 196 KIRBY RD Tax Map 12-026-000 Desc. 0.56 AC & DWL Codes: (1) (Category)R1 (Equipment) (Owner)T Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 0.56 Real Land Building Equipment Inventory Values: 341,100 71,700 269,400 0 0 Homestead Veterans Farm Stab. L.U. Acres Land Use 341,100 0.00 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 341,100 Housesite Special Exmp Grand List 341,100.00 0.00 3,411.00 Misc: Status: T Bill #: 10604091 Updated: 05/28/2009 Last sale was: Invalid on 06/28/2007 for $0 recorded on 788/243 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 102494000 (8) : N (9) : 0 SPAN: 600-188-15316 No Text Vermont Secretary of State Page 1 of 1 VERMONT SECRETARY OF STATE Jim Condos Corporation Information Corporation Name BINGO SUPPLY OF VERMONT INC. Corporation Status Active File No V-59978-0 Type Vermont Incorporation Date 03/31/1998 State of Incorporation VT Fiscal Month End 12 Registered Agent E. STUART COLEMAN Address BOX 699 RTE 30 City State Zip BONDVILLE VT 05340 President E. STUART COLEMAN Vice Pres -NONE ON FILE - Secretary SPRAGUE B. LYONS Treasurer -NONE ON FILE- Directorl ELTON M. COLEMAN Director2 -NONE ON FILE- Director3 -NONE ON FILE - Principal Street Address BOX 699 City State Zip BONDVILLE VT 05340 Last Annual Report 12/31/201 l Above accurate as of: 09/04/2013 Information Contact Home i Site Search I Help Vermont State Page I Disclaimer This Web Page is y, 1 http://cgi3.sec.state.vt.us/cgi-shl/nhayer.exe 9/5/2013 09/05/2013 City of South Burlington Grand List Page 1 of 1 03:05 pm Parcel Report ray For Parcel: 0990-00196. BINGO SUPPLY OF VT INC Name BINGO SUPPLY OF VT INC P O BOX 699 BONDVILLE VT 05340 Location 911 196 KIRBY RD Tax Map 12-026-000 Desc. 0.56 AC & DWL Codes: (1) (Category)R1 (Equipment) (Owner)C Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 0.56 Real Land Building Equipment Inventory Values: 341,100 71,700 269,400 0 0 Homestead Veterans Farm Stab. L.U. Acres Land Use 341,100 0.00 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 341,100 Housesite Special Exmp Grand List 341,100.00 0.00 3,411.00 Misc: Status: T Bill #: 10604091 Updated: 06/03/2013 Last sale was: Invalid on 06/29/2012 for $250000 recorded on 1086/217 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 102494000 (8) : N (9) : 0 SPAN: 600-188-15316 05/14/2009 Ci . of South Burlington Grand 1 ;t Page 1 of 1 03:19 pm Parcel Report jbeagley For Parcel: 0990-00196. ROBAR PAUL L JR & WANDA Name ROBAR PAUL L JR & WANDA P 0 BOX 5190 BURLINGTON VT 05401-5190 Location 911 196 KIRBY RD Tax Map 12-026-000 Desc. 0.56 AC & DWL Codes: (1) (Category) Rl (Equipment) (Owner) T Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 0.56 Real Land Building Equipment Inventory Values: 341,100 71,700 269,400 0 0 Homestead Veterans Farm Stab. L.U. Acres Land Use 341,100 0.00 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 341,100 Housesite Special Exmp Grand List 341,100.00 0.00 3,411.00 Misc: Status: T Bill #: 10604091 Updated: 02/03/2009 Last sale was: Invalid on 06/28/2007 for $0 recorded on 788/243 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 102494000 (8) : N (9) : 0 SPAN: 600-188-15316 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE* WWW.FIRMSPF.COM ROBERT E. FLETCHER WRITER'S E-MAIL(WBAKER(&JFIRMSPF.COM) JOSEPH S. McLEAN WRITER'S FAX (802) 660-2552 TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADMITTED IN N_Y ) October 18, 2006 Ray Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: City of South Burlington v. Robar Docket No. 252-11-05 Vtec Dear Ray: WILL S. BAKER Enclosed please find the Stipulation and Judgment Order entered by the Court in the above -referenced matter, as well as a bank check in the amount of $4,200.00 - the payment of the penalty under Paragraph 2 of the Order. Attorney Hehir sent me the check when he signed the stipulation. This concludes this enforcement action. If you have any questions, please feel free to give me a call. Thank you. Sincerely, f. Will S. Baker Enclosures son06-237.cor OWN' ii E�eB A`.N�.K f`33 -Ii StWIML 'f'S--SI_it IA A-t'1A-:[-- B}-i flue _N __t.. N tT Ij PAYy. WATERMAR�r"= x' 'HO(_0 DOCUMENT:UP TO THE LIGHT TONJEW TRUE WATERMARK No.937178394 23.397 r- L i�v a C *e DATE 0 < 020,06 OFFICE 15 0- — �f 1020 TO THE 3 i ' ill `� `gTH 1BUIRL i r! IS i_otii 4 ORDER OF °ts �c.��,�si ��°.•�"•�1��'��i�a�'�{g�t,�...-+sEi�''����s-..,�:3= �,�� tt ?<s t,. ��stls i1 3 t-y� I—r�-n-r.-MY� 3•v— .-i —:-) ):ice i _'4 rT €tltZ & fir tier% tt! MEMO � �"'�`�� issued by IntegiatedtPayment seems lr En`glewoo_ Colorado KeyBank Natior al Association, Denver, Colorado h ,� t�ic�.yV�tli {, DOLLARS Drawer: k ' RIZEDSIGNATUR }\a 1! eaa 0000 1 5 11I' ,: 10 200 39 181: 2a0009 3 7 1 78 3941I' ---------------------------------------- Will S. Baker, Esq. Stitzel, Page & Fletcher, P.C. P.O. Box 1507 Burlington VT 05402 ---------------------------------------- City of South Burlington v Robar Please see enclosed ORDER. Vermont Environmental Court 2418 Airport Road, Suite 1 Barre, VT 05641-8701 (802) 828-1660 October 16, 2006 Docket No. 252-11-05 Vtec CC: Will S. Baker, Attorney for Plaintiff, City of South Burlington Brian P. Hehir, Attorney for Defendant, Paul Robar Defendant, Lois Robar Defendant, Janice Robar C� o` r rfl srrrzr- �.� L P 'TITZEL, PAGE & FLETCHER, P.C. ,TTORNEYS AT LAW 171 BATTERY STREET P.O BOX 1607 tURLINGTON, VERMONT 06402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON,) Plaintiff, ) V. ) PAUL ROBAR, JANICE ROBAR ) and LOIS ROBAR, ) Defendants. ) FILED E 1 6 M �ER4.'J�f ENVIRONMENTAL COURT Docket No. 252-11-05 Vtec STIPULATION AND V.R.C.P. 58 JUDGMENT ORDER NOW COME the parties hereto, and stipulate and agree that the Court may declare and order the following: 1. The Defendants shall cease to operate garage/yard sales at the Property in excess of eight (8) days per calendar year. 2. No later than ten (10) days from the date this Stipulation is entered as an order of the Environmental Court, the Defendants shall pay to the City of South Burlington, by certified bank check, Four Thousand Two Hundred Dollars. ($4,200.00). The Defendants shall deliver or mail the check to the South Burlington City Manager, 575 Dorset Street, South Burlington, VT 05403. 3. In the event that Defendants fail to pay to the City the amount in paragraph 2, above, in the time and manner prescribed, the Defendants shall pay to the City, by certified bank check, Twenty Five Dollars ($25.00) for each day that the full amount is not paid by the deadline described in paragraph 2, above. ;TITZEL, PAGE & FLETCHER, P.C. TTORNEYS AT LAW 171 BATTERY STREET P.0 BOX 1507 URLINGTON, VERMONT 05402.1507 2006. 4C. SO ORDERED at Berlin, Vermont, this � day of October 2006. Environm ntal Judge DATED at Burlington, Vermont this C Z day of October 2006. STITZEL, PAGE & FLETCHER, P.C. Attorneys for the CITY OF SOUTH BURLINGTON By. Will S. Baker, Esq. DATED at Burlington, Vermont this/P day of October 2006. PAUL ROBAR By: Brian P. Hehir, Esq. DATED at South Burlington, Vermont this /0 day of October Janice Ro r DATED at South Burlington, Vermont this day of October son06-094 robar stip LoiV Robar 2 bl 4 4 V �l9Kt� Id �rauPP�.tnj 61�1t11 (Vc��c�sa� -_ tu; IOU -Arlo »,o �a FORM :wiz-,turrcuu{ nrsu t Vol. ld° z yi �Vy�is�yry Page EL all 1?11 ttl�ilf I, PAUL L. ROBAR, JR. of Colchester in the County of Chittenden and State of Vermont Grantor in the consideration o% * * * * * One and More Dollars paid to my full satisfaction by PAUL L. ROBAR, JR. and JANICE ROBAR of South Burlington in the County of Chittenden and State of Vermont Grantees, have ReTrrigeb, 3Releageb, anb .f oreber Quit-claimeb unto the said PAUL L. ROBAR, JR. and JANICE ROBAR, as joint tenants with the right of survivorship and all right and title which I, and their heirs or/ assi_'n8, PAUL L. ROBAR, JR. or my heirs have in, and to a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A lot of land with all buildings thereon located on the northerly side of Kirby Road, the dwelling house thereon being known and designated as No. 196 Kirby Road, and being the same lot of land as shown on a plan entitled "Plan of Portion of Emma Muir Estate" dated July, 1961, recorded in Volume 49, Page 86 of the Land Records of the City of South Burlington. Said lot is triangular, having a frontage on the northerly line of Kirby Road of 163.77 feet, a northwesterly line of 141.47 feet, and a northeasterly line along Airport Parkway of approximately 183 feet. Being all and the same land and premises conveyed to Paul Robar, Jr. by warranty deed of Richard B. and Charlotte M. Backiel and Mable A. Backiel dated November 18, 1982 and recorded in Volume 184, Page 283 of the Land Records of the City of South Burlington. Reference is hereby made to the above -mentioned deed and plan, the records thereof and the deeds and records therein referred to all in further aid of this description.. tol" lapse 5'� To K7abr aub t0 Y)OIb all my right and title in and to said quit- claimed pretvuses, with the appurtenances thereof, to the said PAUL L. ROBAR, JR. and JANICE ROBAR, as joint tenants with the right of survivorship and their heirs and assigns forever. Aub ifurtbermore I the said PAWL L. ROBAR, JR. do for myself and my heirs, executors and administrators, covenant with the said PAUL L. ROBAR, JR. and JANICE ROBAR, and their heirs and assigns, that from and after the enaealing of these presents I the said PAUL L. ROBAR, JR. will have and claim no right, in, or to the said quit -claimed premises. VOL Page 3M Witne5!6 Vfjereof, i this 2nd day of �Inpre,mirr of hereunto set MY hand and seal October q D. 198 9 PAUL L. ROBAR, YR btate of Vermont, 'It Burlington CHITTENDEN county 2nd day o/ October PAUL L. ROBAR, JR. this .4. D. 1989 personally appeared, and he acknowledged this instrument, by him sealed and subscribed to be his free act and deed. Belotome �.., %il__ �� Y�.�-----.. — - Nnta-Y pjihljc Vffn'aft Prop" Transfer Tax 32 V. S. & Chap. 231 -ACKNOWLEDGEMENT- FULM W=. UX PW - MM of WA-M MM MM VY LW USE &Mn�"XL WX AM Retum No. Date awk STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/I'DD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE* WRITER'S E-MAIL(WBAKER@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S FAX (802) 660-2552 JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADMITTED IN N.Y.) July 14, 2006 Brian P. Hehir, Esq. Law Office of Brian P. Hehir 239 S. Union St. PO Box 1052 Burlington, VT 05402-1052 Lois Robar 196 Kirby Road South Burlington, VT 05403 FOR SETTLEMENT PURPOSES ONLY Re: City of South Burlington v. Robar Docket No. 252-11-05 Vtec Dear Parties: JILL E. SPINELLI WILL S. BAKER I am writing to offer a settlement proposal for the above - referenced zoning enforcement action. This letter is for settlement purposes only, and is subject to V.R.E. 408. The City would like to resolve this matter without the expense of mediation and, possibly, a trial. The City seeks your agreement not to locate accessory structures on the property at 196 Kirby Road without a zoning permit, and not to conduct retail sales on the property more than eight days per calendar year, pursuant to the requirements of South Burlington Land Development Regulations 3. 08 (E) (3) . Further, the City seeks a monetary penalty of three thousand, two hundred dollars ($3200.00). I believe this proposed penalty is far less than the maximum penalty available to the City ($100 per day per violation) under 24 V.S.A. 4451(a). Further, I believe this proposed penalty is less than the sum of the penalty the Court will impose and the costs of proceeding to mediation and possibly a hearing. The City does not have a position on what portion of the penalty is paid by Paul and Janice Robar and what portion is paid by Lois Robar. The City encourages you to find a compromise between yourselves. The Brian P. Hehir Lois Robar Page 2 July 14, 2006 penalty may be paid over a period of months. The proposed penalty amount represents the costs and attorneys fees incurred in pursuing this action. This amount will increase the longer the City must pursue this action. Please give me a call if you would like to discuss this proposal. If it is acceptable, I will draft a stipulation for your review. Thank you. Sincerely, Will S. Baker cc: Raymond J. Belair, Administrative Officer son06-166.cor No Text 11 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) V. ) PAUL ROBAR, JANICE ROBAR ) and LOIS ROBAR, ) Defendants. ) Docket No. 252-11-05 Vtec AFFIDAVIT OF RAYMOND J. BELAIR Raymond Belair, being duly sworn, deposes and states on his personal knowledge, as follows: 1. I, Raymond Belair, am the Administrative Officer of the City of South Burlington. 2. As the Administrative Officer, I am familiar with the above -captioned zoning enforcement action. 3. In 2004, I observed garage sales occurring on the Defendants' property on a number days in excess of the number of days permitted by the Land Development Regulations. 4. I sent a Notice of Violation, a copy of which is attached hereto as Exhibit A, to the Defendants via certified mail on September 22, 2004. 5. I observed a metal storage unit detached accessory structure on the property on or about December 23, 2004. 6. I sent a Notice of Violation, a copy of which is attached hereto as Exhibit B, to the Defendants via certified mail on December 23, 2004. 7. Defendant Paul Robar telephoned me sometime between December 23, 2004 and February 18, 2005 requesting information about one or both of the zoning violations. I discussed the facts of one or both of the violations with Mr. Robar, and he stated that he would correct the violation. Mr. Robar did not provide me with a substitute mailing address. 8. The Defendants did not appeal any of the Notices of Violation identified above to the City of South Burlington Development Review Board. 9. I observed yard sales conducted on the Defendants' property on each of the following days of 2005: March 23, May 26, May 28, May 29, May 30, June 4, June 6, June 9, June 20, July 2, August 9, August 17, August 20, September 16, October 5, and October 6. 10. Because there had been more than eight days of sales, and an accessory structure was located on the property without a zoning permit, I issued another Notice of Violation on August 5, a copy of which is attached hereto as Exhibit C, via certified mail. 11. The Defendants did not appeal the Notice of Violation identified in Paragraph 10 to the City of South Burlington Development Review Board. 12. The structure was removed from the property within one week after the Notice was issued. 13. It is the practice of the City of South Burlington to issue Notices of Violation to individuals at the addresses they provide to the City for receipt of their property tax bill. 14. The address the City had on file for the Defendants was 196 Kirby Road, South Burlington, Vermont. 15. This was the address to which I sent the above - identified Notices of Violation. DATED at South Burlington, Vermont, this )S4ay of May, 2006. R y o d J. elair Sworn and Subscribed Before Me thisa''day of May, 2006. Notary Public My Commission Expires: a-jo Q'1 son06-027.robar.aff.lit STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZ,EL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE* WRITER'S E-MAIL(WBAKER@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S FAX (802) 660-2552 JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADMITTED IN N.Y) May 23, 2006 Ray Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: City of South Burlington v. Robar Dear Ray: JILL E. SPINELLI WILL S. BAKER Enclosed is an Affidavit for your signature in the above - referenced matter which will accompany a Motion for Partial Summary Judgment. Please review it and sign it in the presence of a Notary, and fax it back to our office. Please also put the original in the mail so I can provide the Court with the original. Thank you. Sincerely, Will S. Baker Enclosure son06-116.cor 05;'18,12006 09:30 FAI 8026602552 U 001 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BAT1 ERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (R02) 660.:555 (VOICUTDD) FAX (802) 660-1552 or 6W9119 S=EN F. Srr= WRITER'S E-MAIL(WBAKERpWRMSFF-COM) PA"(Tl R PAGE* t� R1TER'S T NC (1;02) 660.2552 ROBERT E. FLETCHER JOSEPH S. McLEAN TIMOTHY M.E(:STACE AMANDA S. E. LAfTUTY 4`AL50 AbVI= IN N,V ) FACSIMILE TRANSMITTAL SHEET Date: May 18, 2006 To: Ray Belair Fax: 846-4101 Re: City V. Romer Sender: Will S. Baker )ILI. E. SPiNELLI WILL S, RAKER You should receive —— Page(s), including this cover sheet. If you do not receive all the pages, please call $02 6b0-2555. MESSAGE Ray - attached is Lois Robar's Rnswex to the City's Complaint, for your information.. Let me know if you have any comments. Thanks- 'Phis message is intended only for the use of the addressee and ITMY contain information that is privileged and confidential_ if yClu arc not the intended recipient. you are hereby n0tificd that any disscmimtion of this oorrerrun'"Oon is strictly Prohibitcd_ if you have received this communication in nor, p1es c natify us immediately by tele hone (802-6(i0.2555)- Thank you, 05;,18;12006 t,'9.30 FAX 80266102552 1.002 To 'Whom It May Concerm.. May 14, 2006i My name is Lois Robar. I live at 196 'Kirby rd in Soouth Burlington, OJT_ This letter is in reference to Docket No. 252-11-05 Vtec. The city of South Burlington has said that I had a detached accessory structure in my yard without a permit. Yes I did_ It was a storage container from Dave Cota's Trucking. The South Burlington City is saying I had it there for 8 months_ I did not. I had it there for 4 months My son Has yard sales to make a little bit of uzoney, and also have something, to do. His name is Billy and he is 23 and disabled. He doesn't make a lot of money, but he loves having yard sales_ He likes to be hours, because when he doesn't feel well he can pick his yard sale items up and come in the house and sleep. Yes I did get a letter from the city and I had the container picked up immediately. Yes my son did have yard sales alter the 8 days we are allowed. He had got some chairs and some mattresses from our neighbor that lives next door to us. He is the manager of the Holiday Inn. His name is Rodney Pickering. He often tries to hslp hilly our. Billy had 12 yard sales. When we got a letter from the city of South Burlington, we stopped the sales- That's when we got the container which was in November,2004 to put the fitrnitum in and to put niuy's yard sale items in. The neighbor's across the rd from me who have harassed my children and I for 5 years, and done other things to us. did not like the container being there and they called the city. "These neighbors told my son and 1 they called the city and that they didn't want him having any more yard Wes ever again. Their names are Paul and MichelleDegreachie. In between trying to put yard sale items m the container Billy would not feel well, and sometimes he would sleep and stay in bed for 2-3 days. He still does. That's why it was here. I am deeply sorry to the city of South Burlington. I will never have a container in my yard again. Please vour Honor do not take my sons 8 yard sales away. Everyone in our neighborhood has yard sales, and they even have more then 8. My neighbor down the road sell everyday of the week except on Sundays. I will not have any more then we are allowed. Please do not fine my Landlord for it is not his fault. I am willing to pay finis m monthly installment because I also have become disabled and on disability. I apologize to the court. Phone 802-363-6044 Sincerely Yours Lois lobar ` N1 AY 1 df STITZEL PACE & FLETCHM, PC YARD SALE AT 196 KIRBY ROAD DATE OBSERVED OBSERVER 3/23/05 Ray Belair 5/26/05 Michele DeGrechie 5/28-5/30/05 Diane Reynolds, SBPD 6/4/05 Per Lois Robar 6/6/05 Michele DeGrechie 6/9/05 Chuck Hafter 6/20/05 Cathyann LaRose 7/2/05 Diane Reynolds, SBPD 8/9/05 Ray Belair 8/17/05 Ray Belair & Jill Spinelli 8/20/05 Diane Reynolds, SBPD 9/16/05 Diane Reynolds, SBPD 10/5/05 Ray Belair 10/6/05 Cathyann LaRose s 2005/08/04 3:44 pm Storage Roll-< Demol Cota Truc 802.871 1* -' .. s ' �, Ire 2005/08/08 2:0:. s; 0 ;16 f Ir"L /L>/57- Cq /.' 0 5 ✓I l0/6 C-17"YOF S0111TH �Lr_t7 1NGTO1'4 DEPAZIPMENT OF RILAI�H\TTTJ�,:i iA 2((])f1-fHNCJ[ 575 DORSET SURETET 3 0 TJT_ TH DURLPTGTONT, VIERPAM%70540S (802) 846-4106 F'A' 17 (802) 346-4101 August 5, 2005 Paul & Janice Robar 196 Kirby Road South Burlington, VT 05403 Re: Zoning Violations Dear Mr. & Mrs. Robar: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4443 (a) (1). Specifically, you have initiated the following activities on the above -described property. 1. Placed a detached accessory structure (enclosed metal -storage unit) on the property without a zoning permit 2. Selling various items from the premises, including furniture, for 10 days. You have seven (7) days from the date of this letter to discontinue these violations and take appropriate remedial action. Specifically, you must accomplish the following: 1. Remove the detached accessory structure from the property until such time as a zoninq permit is in effect authorizing this land development. 2. Cease the use of the property for any retail sale of any items. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violations described in this letter occur within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred ten ($110) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Encl. CC: Amanda S. E. Lafferty, Esq. Certified Mail Receipt #7005 0390 0003 0241 0174 C _11 -,L70F 30TUT-7hif DELI A:HT711AENT OF PLP�NTNUJI�;F P-A, -aCIH DJIG 575 DORSET STREET SOUTH "'1ER-DA(X,7 '�G-'408 (802) 846-4106 EAR"' (802) 346-4101 August 5, 2005 Lois Robar 196 Kirby Road South Burlington, VT 05403 Re: Zoning Violations Dear Ms. Robar: Please be advised that based on in -formation available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4443 (a) (1). Specifically, you have initiated the following activities on the above -described property. 1. Placed a detached accessory structure (enclosed metal storage unit) on the property without a zoning permit. 2. Selling various items from the premises, including furniture, for 10 days. You have seven (7) days from the date of this letter to discontinue these violations and take appropriate remedial action. Specifically, you must accomplish the following: 1. Remove the detached accessory structure from the property until such time as a zoning permit is in effect authorizing this land development. 2. Cease the use of the property for any retail sale of any items. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violations described in this letter occur within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred ten ($110) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address- 575 Dorset Street, South Burlington, Vermont 05403. Encl. CC- Amanda S. E. Lafferty, Esq. Certified Mail Receipt #7005 0390 0003 0241 0181 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/I'DD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE' WRITER'S E-MAIL(ALAFFERTY@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S FAX (802) 660-2552 JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADMITTED IN N.Y.) February 8, 2005 Paul Robar Janice Robar 196 Kirby Road South Burlington, VT 05403 Re: Notice of Violation dated December 23, 2004 Dear Mr. and Mrs. Robar: JILL E. SPINELLI WILL S. BAKER I am writing on behalf of the City of South Burlington. The Administrative Officer has brought to may attention that you have commenced land development on the property located at 196 Kirby Road in South Burlington without first obtaining a zoning permit, in violation of Section 17.02 of the Land Development Regulations and 24 V.S.A. section 4449(a)(1). Specifically, you have placed an enclosed metal storage unit on said property without first obtaining a zoning permit. It is my understanding that this violation was brought to your attention by a Notice of Violation dated December 23, 2004. Further, I understand that you have failed and/or refused to appeal said Notice and the time for taking such an appeal has passed. I have been asked by City officials to attempt to obtain your cooperation in complying with the City Land Development Regulations. No later than February 18, 2004, please remove the metal storage unit from the property located at 196 Kirby Road and notify Raymond Belair at 846-4106 that you have so removed so that he may inspect and confirm that you have complied with the Land Development Regulations. If my efforts to obtain your compliance should fail, I have been asked to take such further action as is necessary and appropriate, including the commencement of an enforcement action in Environmental Court. Sincerely, n Amanda S. E. Lafferty ASEL/br son5622.cor CC: Raymond Belair DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 December 23, 2004 Paul & Janice Robar 196 Kirby Road South Burlington, VT 05403 Re: ,Zoning Violation Dear Mr. & Mrs. Robar: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4443 (a) (1). Specifically, you have initiated the following activities on the above -described property. Placed a detached accessory structure (enclosed metal storage unit) on the property without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Remove the detached accessory structure from the property until such time as a zoning permit is in effect authorizing this land development. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred ten ($110) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. 0 Administrative Officer Encl. CC: Amanda S. E. Lafferty, Esq. Certified Mail Receipt #7003 3110 0001 3593 4797 USPS - Track & Confirm Page I of I Current Status Track & Confirm Enter label number. You entered 7003 3110 0001 3598 4797 Your item was delivered at 1:31 pm on December 23, 2004 in SOUTH BURLINGTON, VT 05403. Track & Confirm FAQs Notification Options 0 Track & Confirm by email What is this? Go> U POSTAL INSPECTORS site map contact us government services P ') 002 US , PSAll ig Rhts Reserved. Terms of Use Privaev Pofty , -c-serving the Trust Copyright (,1999-2 http://trkcnfrml.smi.usps.com/netdata-cgi/db2www/cbd-243.d2w/output 12/27/2004 CITY OF SOUTH BURLI GTON DEPARTMENT OF PLANNING ZONING 575 DORSET STRE T SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 28, 2004 Paul & Janice Robar 196 Kirby Road South Burlington, VT 05403 Re: Zoning Violation Dear Mr. & Mrs. Robar: This is to bring to your attention two (2) zoning violations at your property. The first one involves operating a garage/yard sale for more than eight (8) days per calendar year (see enclosed copy of regulations). The second violation involves the construction of what appears to be a storage building without a zoning permit. A zoning permit must be obtained for this structure. Therefore, you must cease the garage/yard sale operation since you have exceeded the eight (8) day per year allotment and must obtain a zoning permit for the structure. If you have any questions, please feel free to contact me. t . Belair Administrative Officer No (W-- 114�_ �'ITY OF SOUTH BURLINGTOIN DE.PAF,TMEI�dT OF PLA1',,TNE14G & ZONPJG 575 DORSET STREET SOUTH B RLtNGTON, VERMO1' T 05403 (802) 346-4106 FAX (802) 546-4101 September 22, 2004 Paul Robar, Jr. & Janice Robar 196 Kirby Road South Burlington, VT 05403 Re: Zoning Violation — 196 Kirby Road Dear Mr. & Mrs. Robar: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4443 (a)(I). Specifically, you have initiated the following activities on the above -described property: Operating a garage/yard sale,for more than eight (8) days in 2004® You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property, for any garage/yard sale, for the remainder oe f 2004 If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $1oo.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the city pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred ten ($1lo) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403• Sincerely,'' 1 � , Hraymon J. Belair Administrative Officer Encl. cc: Amanda S.E. Lafferty, Esq. Certified Mail Receipt #7003 3110 0001 3598 5367 ■ Complete items 1, 2, and 3. Also complete j item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article tAddressed �to: L�at C) Vr i e i A. SignatureJ� �^ ,/f XF//,/'✓ �/ ' ✓ El Agent _ ❑Addressee B. Received by (Printed Name) I C. Date q D.4very D. Is delivery address different from item 1? m Yes If YES, enter delivery address below: ❑ No 3. Se ' e Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7003 3110 0001 3598 5367 PS Form 3811, August 2001 Domestic Return Receipt IL ..D M .. e LO ro Er Ln m � Postage $ : X Certified Fee .66) _ i 0 RetARecle tFee (EndOrsemeht Required)Iere f . ark 1 r O r Restricted Delivery Fee (Endorsement Required) r-1 rrI rn Total Postage & Fees $ �"1 A 0 � ne T + 4 _ w.r Street :$oC-N6. „. v --- 102595-01-M-0381 within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, ' Vermont 05403• Sincerely, f1 46ymon J. Belair Administrative Officer Encl. cc: Amanda S.E. Lafferty, Esq. Certified Mail Receipt #7003 3110 00013598 5367 'ITY OF SOUTH BURLINGTOT�l DEPAFMIVIENT OF 1PLANNE'gG & ZONING 575 DORSET STREET SOUTII BURLINGTON, VERMONT 05403 (802) 846-4106 FYI (802) 846-4101 September 22, 2004 Paul Robar, Jr. & Janice Robar 196 Kirby Road South Burlington, VT 05403 Re: Zoning Violation — 196 Kirby Road Dear Mr. & Mrs. Robar: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4443 (a)(I). Specifically, you have initiated the following activities on the above -described property: Operating a garage/yard sale for more than eight (8) days in 2004. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property for any garage/yard sale for the remainder of 2004 If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.0o per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the city pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred ten ($110) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403• Sincerely, RdymonWJ. Belair Administrative Officer Encl. cc: Amanda S.E. Lafferty, Esq. Certified Mail Receipt #7003 3110 0001 3598 5367 U` At Fl-o 4/t ��T61zlfltl 14 7e- Glfi<T� ST ■� C� 3 � /%w HY-KO PRODUC'i S CO, WALTON HILLS, OH 44146-6106 Pert # 3033 .-,jw _'"' ' WAA.- - 0111129011 1010690 11110303111 11 ° 1'• ) ROBAR 196 Kirby Road Section 18.00 Dimensional requirements subsection 18.102 "Yard abutting a street", minimum setback 30 feet Area zoned R-4 District Existing garage 24'x24' contains an apartment over the garage plus use of one half of the lower level - apartment contains 864 square feet Proposed to construct a 12'x20' addition, two stories, with addition apart- ment will contain 816 square feet and a three car garage. Existing lower level living area will be converted back into garage On Airport Parkway - minimum setback would be 30 feet - proposed is 10 feet BACKIEL 195 Kirby pnae Area zoned R-d District Section 11.00 Dimensional requirement Side yard minimum 15 feet Propose addition 9' x 11' (master bath to master bedroom) to within 9 feet of side yard 5 '7o .. .... .... -4A \4 ell, a u ., ... - w ...,r M � `Y.4C7Sry v. ..+.•^r'm'iM'a•e.'iFiklF'*W++�+Tf�bO✓ir/r;aRk'bw}vA%�A�'4WAst�ntl'yJ1yX,�lp�'„yi1Wh'V� March 14, 1984 Mr. Paul Robar, Jr. 196 Kirby .tad South Burlington, Vermont 05401 Dear Mr. Robar: Be advised that the South Burlington Zoning Board of Adjustment denied your request for a zoninc.j variance. The Board must vote with four members in favor of an appeal. Action taken on your request was 3 to 2. Formal findings will be issued at a later date, however, the main reason for denying the appeal was the strong opposition from your neighbors. If you have any questions please don't hesitate to call me - Very truly, Richard Ward, Zoning Administrative Officer %q/nlc3 February 27, 1984 Mr. Paul, Rbbar, Jr. 1.96 Kirby Road South Burlington, VT 05401 Re; toning appeal Dear Mr. Robar: Be advised that the South Burlington Zoning Board of. Adjustment will hold a public hearing at the City Ha111Conference Room, 575 Dor:pet Street on Monday, March 12, 1984 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer lda/mcg NOTICE OF APPEAL 11 SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant VA�� T Name, address of property owner �A/h 6 Property location and description 5;AA F_ I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee ofyr$30.00 which is to off -set the cost of the hearing. Hearing Date SignaturT of App llant Do not write below this line --------------------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference,Room, 575 Dorset Street, South Burlington, Vermont on �%Y.+o� a,r 'e�7'?dr f� /r �!�S `7 at (day of week (month and date) time to consider the following: Appeal of G seeking a from Section 1G5 U Burlington Regulations. Request is for permission to J zot of the South i SSOWN NJKWWON MINING Nona In accordance with the South Z R.0'ions and pter 117, itle 24 y.S.A. the South Burlington Zoning Board of Adjustment win hold o C- heoring at the South a". ton Munici ._{Wr SayDorset tr~, South mgron, Vermont on Monday, March 12, 1984, at 5100 P.M. to consider the follow- ing; N 1 Appeal of Poul Robor, Jr. seeking a variance, from Section 18.00, Area, density and dimen- siond nqukements of the South Burlington Regulations. Request is far permission to construct a 12 ft. x 20 ft. addition to include a Wage and on addition to an existing aportmentto within ten (10) feet of the easterly property line at 196 Kirby Rood. M2 ApEmol of University Mall Realty Trust seeking a variance, from Section 3.30, Conservation and Open Space District - use limitation of the South "ngton Regulations. Request is for Per- mission to canstn'UC} an adrltton contoining approximately 139,000 square feet to an exist - Mg structure to within eenigghhtty�. (80) feet of Interstate 89 rigM�-of-way and to construct a structure co, taining approximately 72,000 square feet to within thirty (30) feet of the center nna of the Potash Brook tributary, located ON, Dorset i Sat the Univer ' treet I a�rng Richard word, February 5', 198� 4 ova Officer Alaril 30, 1979 Mr. Richard Backiel 196 Kirby Road South Burlington, VT 05401 Dear Mr. Backiel: Be advised that the South Burlington zoning Board of Adjustment has granted your request for a zoning variance. This office will issue your permit upon request. The Board will issue formal findings at a later date. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg April 9, 1979 Mr. Richard Backiel 196 Kirby Road South Burlington, Vermont 05401 Dear Mr. Backiel: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the, City Hall, Conference Room, 1175 Williston Road on Monday, April 23, 1979 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend this hearing. Very truly, Richard ^tare, :Toning Administrative Officer No Text 4 NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance, decision of administrative officer. �. 1 n I A i Property Owner Property location & descripti Variance of Section (number Basis of appeal (title of section) I understand the regular meetings are held twice a month on Monday at 5:00 p.m. at the City Hall, Conference Room. The legal advertise- ment must appear in the Burlington Free Press a minimum of fifteen (15) days before the hearing, I agree to pay a fee of $30.00 which fee is to off -set the costs of advertising and the hearing. l C Hearing Date Sign ure of Appellant ------------------------------------- ------------------------------------- SOUTH BURLINGTON-ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on 3 (day of week following: Appeal of _ rdonth and date at (time) seeking a , , from Section /� o to consider the of the South Burlington Zoning Regulations. Request is for permission to a4-�- I ,zo.,v ez ,� 14 ,�0/00 a j e / Y ^t s �e IKFORT � 1 December 10, 1984 Art J.H. Berk Office of the City Clerk City Hall Burlington, Vermont 05401 Re: Airport Taxi Dear MjC. Berk: In April 1984, Paul Robar Jr. of 196 Kirby Road was cited by the City for violating the City's zoning regulations (started a taxi business within a residential area) within a few weeks the business relocated to 1700 Williston Road without obtaining the necessary approvals. After many discussions with Mr. Robar and his attorney, plus filing a suit with the courts, Airport Taxi did request and was granted a variance to operate from the Williston Road location. South Burlington has no licensing procedures, if a taxi company is granted a license by Burlington we allow them to operate within South Burlington. This office has continued to receive complaints regarding the manner of operations by Airport Taxi (a copy of one complaint is attached). If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative officer RW/MCg 1 Encl Office of the City Clerk Richard Ward Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05401 Dear Mr. Ward: BURLINGTON (802) 658 - 930p ERRMONT 05401 December 7, 1984 James E. Rader City Clerk On behalf of the License Committee of the Burlington Board of Aldermen, I am requesting any information you may have concerning Airport Taxi. The License Committee is interested in any complaints you may have received concerning this company, particularly regarding a zoning issue which occurred sometime earlier this year. I am enclosing an agenda for the next License Committee meeting, which you are welcome to attend. Otherwise, please submit any written comments to me at the above address prior to December 17. Thank you for your cooperation. Sincerely yours, ;Joanna H. Berk Assistant City Clerk JHB:lp Enc. Office of the ci.ty Clerk. ao i4 ili Gov ms °�desevQi �� BURLINGTON VERMONT05401 (802)653-9000 ggZa�za James E. Rader City Clerk AGENDA LICENSE COMMITTEE MEETING Monday, December 17, 1984 5:30 P.M. First Floor Conference Room, City Hall 1. Second Class Liquor License - Celebrations, 2 Church Street 2. Taxicab Licenses - Airport Taxi 3. All Other Licenses & Permits as Presented Mr, lard: Airport Taxi is still operating a Taxi stand from 196 Kirby Ad. They close their office early behind t1le car wash and dispatch from their home. To prove this : Check. the office at, night : if they are closed ; Then call a taxi - if a taxi shows up you will know that they are operating at the house Also they are paying their drivers in -cash. No paper work involved. No State or federal taxes taken out. Check Airport security file and you will find many complaints a-ains t Ai r j)%o r t. T ,xi . These people are crooks and should not be allowed to operate in So. 311rli:a�;ton, September 17, 1984 Airport Taxi 1700 Williston Road South Burlinqton, Vermont 05401 Re: Notice of zoning violation Dear Mrs. Robar: Since the May 22, 1984 letter from Attorney Steven Stitzel to Paul the taxi business has been relocated from your Kirby Road property to 1700 Williston Road. The business was established without obtaining the necessary approval. We were informed that Attorney Allen Webster would make application in order to secure these approvals, however, as of this date no action has been taken. The establishment of the taxi business on Airport Road is in violation of the City zoning Regulations. The area in question is zoned Commercial 1 District and within that district a taxi business is not a permitted use. We request that you take the necessary action to secure approvals within ten (10) days from receipt of this notice. Failure to comply with this request will result in this matter being turned over to the City Attorney, for whatever legal action he deems necessary. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg cc: Attorney Steven Stitzel Certified letter #P353 556 257 May 18, 1984 Attorney Steven Stitzel Spokes, Foley & Stitzel P.O. Box 986 Burlington, Vermont 05401 Dear Steve: Enclosed is a copy of the certified letter which place a Paul Robar Jr. in violation of our zoning regulations. As of last night (I checked the property) he had three cabs parked in the yard. He also has a contractor's bu:,iness. The property is a two family dwelling located on the corner of Kiry Road and Airport Parkway. I have also encloser? a letter received by the Police Chief. Call me if you have any problems. Very truly, Richard Ward, Zoning Administrative Officer RW/rig September 6, 1984 Attorney Steve Stitzel P.O. Box 986 Burlinqton, Vermont 05401 Re: Airport Taxi Dear Steve: Still haven't heard from Attorney Allen Webster re}arding the variance for Robar. Airport Taxi is operating in violation. We should give some consideration to legal action against him. Uet me know your plans. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. 0. BOX 986 BURLINGTON. VERMONT 05402-0986 RICHARD A. SPOKES .LAMES D. FOLEY STEVEN F. STITZEL September 10, 1984 Allen D. Webster, Esq. Lisman & Lisman P. 0. Box 728 Burlington, VT 05402-0728 Res Robar Taxi Company Dear Allens ( 802 ) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL It is my understanding you were going to seek appropriate zoning approval D for operation of the Robars' taxi company on Williston Road in South Burling_ ton. Please let me know if that remains your intention. Very truly yours, Steven F. Stitzel SPS/gat ccs Mr. Richard Ward, Zoning Adminitrator-� April 25, 1984 Mr. Paul Robar, Jr. 196 Kirby Road South Burlington, Verrront 05401 Notice of viloation, Section 9.10 Zoning regulations Re: Corrmercial operation Dear Mr. Robar: On Tuesday, April 24, 1984 we were informed that you were operating a taxi bus- iness from your premi3es at 196 Kirby Road. In recent newspaper advertisements you have also established a construction business. Be advised that both cortmnercial uses are in direct violation of the City's Zoning regulations. Upon informing you of these violations you indicated that you are operating these businesses and have no intentions of complying with the City's requlations. Your area is zoned residential which prohibits commercial use without approval by the Zoning Board of Adjustment. You have two options: (a) discontinue the comzraercial use of your property, (b) make application for the necessary approvals. Be advised that you will have ten (10) days from receipt of this notice to comply. Your failure to do so will result in this matter being turned over to the City Attorney for whatever legal action he deems necessary. Very truly, Richard Ward, Zoning Administrative officer Certified mail # 353 556 249 cc. Attorney Richard Spokes l� Ry SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F, STITZEL May 22, 1984 Mr. Paul Robar, Jr. 196 Kirby Road So. Burlington, VT 05401 Re: City of South Burlington Zoning Violation Dear Mr. Robar: (802) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL This office :represents the City of South Burlington. We have been advised by the Zoning Administrator for the City that you are using your residential property in the City for two commercial enterprises, a con- struction and a taxi. business. We have been further informed that you have not obtained appropriate zoning approvals for either of these busi- nesses. The conduct of these two businesses without a permit constitutes a violation of Section 20.10 of the City of South Burlington Zoning Regu- lations. It also constitutes a violation of Section 4444(s) of Title 24 of the Vermont Statutes Annotated. I understand that the City of South Burlington previously provided you notice of this violation. By continu- ation of this violation you may be subject to fines totaling $50.00 per day for each day the violation continues. Please contact my office by June 10, 1984, to discuss possible al- ternatives for resolving this matter. If I have not heard from you by that date, I will assume that you have no interest in cooperating in a settlement of this matter. I will thereafter institute appropriate legal proceedings. I look forward to hearing from you in the near future. very truly yours, Steven F. Stitzel SFS/gut cc: Mr, Richard War4, Zoning Administrator CERTIFIM MAIL/iXTU t RRCBIPT No. P448 789 723 June 29, 1984 Attorney Stephen Stitzel Spokes, Foley & Stitzel P.O. Box 986 Burlington, Vermont 05401 Re: Robar Dear Steve: Yesterday, at 10:00 A.M. in the morning I observed eight (8) vehicles parked at Robar's on Kirby Road. Police Chief Richard Carter has informed me that cars arrive as early as 4:00 A.M. , Dick is a neighbor on Airport Parkway. We believe that the taxi drivers report to work and leave their vehicles parked on the lawn. If you have any questions don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg k-AlLe ur• ruLll:,, ao., nUrlington kATY IVUWAIIG.f&A, ao. Burlington Airport taxi is currently operating a fleet of four or ir.or.e radio controlled taxis. These taxis are radio controlled -ana, are bt�-I,n �.)(m:i lof sno ad in ao. DUrington. At, night the taxi signs are taven off the sides and the top so it will a+jy-ear tIvi-t Ghey are :n.ot t;,.x3:;, Lon-t we have zoning laws that will protect us from these deceitful. iactit-�s. A concerned person la�) ��7 4 e -. -2 SPOKES, F®LEY & S°TI°TZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL MARY ALICE MCKENZIE October 16, 1984 Mr. Richard Ward Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05401 Re: City of South Burlington v. Robar Dear Dick: (802) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL I spoke with Allen Webster concerning the above -referenced matter on October 16th. He advised me that he would file the necessary application on or before October 19. Please let me know if this application is not filed. Very truly yours, Steven F. Stitzel SFS/gmt cc: Allen D. Webster, Esq. FR:P PRESS * CABBIE DISPUTH RE: The article about Airport Taxi on Kirby Road. Mr. Paul Robar, Jr did not say who all his drivers were. His sister Cathy Finnigan is one his best drivers. Th-e reason he did not list;her is that she is on welfare. If tais is the case, Airport Taxi is guilty of 'vVelfare :Fraud (State) and Income Tax Evasion(Fe ,oral) Mr. Robar has been paying his drivers under the table for years. Aio AMMO as Kirby Rd So. 1url , V t. SPOKES, FO EY & STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL November 28, 1984 Allen D. Webster, Esq. Lisman & Lisman P. 0. Box 728 Burlington, VT 05402-0728 Re: South Burlington v. Robar Dear Allen: (802) 662-6451 (802) 863-28S7 ISAAC N. P. STOKES COUNSEL Enclosed is a Stipulation for Dismissal in connection with the above. Once the Stipulation has been signed by you would you please forward it to the Court for filing. Thank you. Very truly yours, Steven F. Stitzel SFS/gmt Enclosure cc: Mr. Richard Ward STATE OF VERMONT COUNTY OF CHITTENDEN, SS. CITY OF SOUTH BURLINGTON ) CHITTENDEN SUPERIOR COURT V. ) Docket No. S0613-84CnC PAUL ROBAR, JR. ) STIPULATION FOR DISMISSAL NOW COME the parties hereto by and through their attorneys of record and stipulate and agree that the Court may dismiss this matter without prejudice as to either party. Dated at Burlington, in the County of Chittenden and State of Vermont, this 28th day of November, 1984. CITY OF SOUTH BURLINGTON By: SPOKES, FOLEY & STITZEL Its Attorneys Steven F. Stitzel Dated at Burlington, in the Bounty of Chittenden and State of Vermont, this day of , 1984. PAUL ROBAR, JR. By: LISMAN & LISMAN His Attorneys Allen D. Webster SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW BURLINGTON. VERMONT SPOKES, FOLEY & STI°TZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT OS402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL MARY ALICE MCKENZIE October 2, 1984 Mr. Richard Ward South Burlington City Offices 575 Dorset Street South Burlington, VT 05401 Re: Airport Taxi Dear Dick: (802) 862-64S1 (802) 863-2857 ISAAC N. P. STOKES COUNSEL I have enclosed a formal request for a variance for Airport Taxi. Please forward any forms that must be submitted directly to Allen Webster. Very truly yours, Steven F. Stitzel SFS/gmt Enclosure BERNARO LISMAN CARL H. LISMAN ALLEN D. WEBSTER MICHAEL MARKS LISMAN & LISMAN ATTORNEYS AT LAW P.O. BOX 720 BURLINGTON. VERMONT 05402 802-064-5756 September 26, 1984 Steven F. Stitzel, Esquire Spokes, Foley & Stitzel P.O. Box No. 986 Burlington, Vermont 05402 Airport Taxi Dear Steve: OFFICES LOCATED AT 04 PINE STREET BURLINGTON. VERMONT LOUIS LISMAN COUNSEL Please consider this letter a formal request by Janice Robar and Airport Taxi to receive a variance to operate from the company's present location on Williston Road. T would appreciate it if Dick Ward would place us on the agenda for a Zoning Board meeting as soon as possible and advise us of what additional documentation is required from US. Thank you for your consideration. Yours very truly, Allen D. Webster ADW/vcc cc: Mr. Paul L. Robar, Jr.